Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2 (not commenced)
An Act to provide for the regulation and control of the handling of explosives and explosive precursors; to provide for the regulation of certain other dangerous goods; and for related purposes.
This Act is the Explosives Act 2003.
This Act commences on a day or days to be appointed by proclamation.
The dictionary in Schedule 3 defines words used in this Act.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
SafeWork NSW (as referred to in clause 1 of Schedule 2 to the Work Health and Safety Act 2011) is the regulatory authority for the purposes of this Act, except as provided by this section.
A public authority is the regulatory authority for a matter for which it is declared to be the regulatory authority by the regulations (subject to such conditions or limitations as are specified in the regulations).
A person supplies an explosive or explosive precursor by—
(a) transferring ownership of the explosive or explosive precursor to another person, whether by sale, gift or otherwise, or
(b) transferring possession of the explosive or explosive precursor to another person, or
(c) providing another person with the means to take possession of the explosive or explosive precursor, or
(d) offering or negotiating to supply the explosive or explosive precursor, or
(e) receiving the explosive or explosive precursor for supply, or
(f) having the explosive or explosive precursor in the person’s possession for supply, or
(g) exposing or exhibiting the explosive or explosive precursor for supply, or
(h) consigning or delivering the explosive or explosive precursor for supply, or
(i) arranging for or allowing another person to supply the explosive or explosive precursor.
Subsection (1)(b) and (c) do not apply to persons acting under the authority of the same licence.
To the extent to which it is regulated by the Dangerous Goods (Road and Rail Transport) Act 2008 or any regulations made under that Act, this Act does not apply to—
(a) the transport of dangerous goods (within the meaning of that Act) by road or rail, or
(b) any associated activity or matter.
A person must not handle an explosive or explosive precursor if—
(a) this Act or the regulations require the handling to be authorised by a licence under this Act, and
(b) the person…